Fraccola v 1st Choice Realty, Inc.

Fraccola v 1st Choice Realty, Inc. 2017 NY Slip Op 02228 Decided on March 24, 2017 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 24, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, DEJOSEPH, AND SCUDDER, JJ.
233 CA 16-00596

[*1]ALBERT G. FRACCOLA, JR., INDIVIDUALLY, AND AS 50 PERCENT SHAREHOLDER, OFFICER AND DIRECTOR OF 1ST CHOICE REALTY, INC., PLAINTIFF-APPELLANT,

v

1ST CHOICE REALTY, INC., ET AL., DEFENDANTS, AND CHAD CARSTENSEN, AS EXECUTOR OF THE ESTATE OF PHYLLIS FRACCOLA, DECEASED, DEFENDANT-RESPONDENT.

ALBERT G. FRACCOLA, JR., PLAINTIFF-APPELLANT PRO SE.

FELT EVANS, LLP, CLINTON (JAY G. WILLIAMS, III, OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered July 20, 2015. The order and judgment determined that plaintiff had engaged in frivolous conduct and awarded defendant-respondent attorney's fees in the amount of $1,200.

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.

Entered: March 24, 2017

Frances E. Cafarell

Clerk of the Court